The apex Supreme Court examined a petition filed by the ED under Article 32. The petition arose after West Bengal’s Chief Minister Mamata Banerjee allegedly barred the agency’s raids on the Kolkata office of political consultancy I‑PAC in January 2026.
Key Developments
- The bench, led by Justice Prashant Kumar Mishra, asked the West Bengal government whether the ED could merely “look and watch” when a chief minister obstructs statutory investigations.
- West Bengal, represented by senior advocate Shyam Divan, challenged the maintainability of the ED’s writ, arguing that the agency is neither a "body corporate" nor a "legal person" capable of invoking Article 32.
- Solicitor General Tushar Mehta contended that the CM’s actions hindered a lawful probe into a ₹2,742‑crore coal‑smuggling case, emphasizing the public‑interest nature of the investigation.
- Senior advocate Kapil Sibal for the CM asserted that the ED does not possess a fundamental right to investigate; its powers stem from the PMLA.
- The court scheduled the next hearing for 24 March 2026 and hinted at referring the matter to a Constitution Bench.
Important Facts
• The raids targeted alleged records of the Trinamool Congress, the ruling party in West Bengal, which allegedly were taken by ED officials.
• The West Bengal police had earlier stayed the ED’s probe, citing concerns over election‑related data theft.
• The petition raises critical questions about the scope of central agencies’ powers versus state autonomy, especially under the federal structure enshrined in the Constitution.
Exam Relevance
1. Centre‑State Relations: The case illustrates tensions between Union agencies and state governments, a recurring theme in GS 2 (Polity) concerning federalism and the distribution of powers.
2. Judicial Review: Understanding Articles 32, 226, and 131 helps aspirants grasp the hierarchy of judicial remedies and the original jurisdiction of the Supreme Court (GS 2).
3. Enforcement Agencies: Knowledge of the ED’s statutory basis under the PMLA and its limitations is essential for GS 3 (Economy) and GS 2 (Polity).
4. Political Consultancy: The role of firms like I‑PAC in electoral politics underscores the intersection of politics, law, and ethics (GS 4).
Way Forward
The Supreme Court is likely to clarify whether a central enforcement agency can invoke Article 32 for institutional protection, or whether such matters must be pursued through the Union government under Article 131. A definitive ruling will shape future centre‑state dynamics, the operational latitude of agencies like the ED, and the legal safeguards against executive overreach during elections.